Common Mistakes to Avoid When Filing Provisional Patent

we will discuss what mistakes you should avoid when filling out a provisional patent application in India. Read on to know!

Filing a patent application is the essential first step if you want to protect and commercialize your idea for a tech company, Or for any firm that is product-driven for that matter. But it is easy to make mistakes during a drawn-out and expensive filing procedure, especially if you’ve never had to deal with a large patent portfolio before. You can get in touch with Vakilsearch for more details, and they will help you at every step. Here are the seven most common mistakes to avoid while applying for patents that you need to keep in mind.

Mistakes to Avoid while filling out Provisional Patent Application

  1. Don’t Just Patent A Mere Idea

The invention must be implemented in a physical structure or included in a patent application that is submitted to the appropriate patent and trademark office. Even though every idea begins with a thought, only one of those unusual thoughts can be deemed innovative. “Useful, inventive, and non-obvious” is the definition of a patent. These definitions could appear ambiguous, but the patent law explains what they mean.

  1. Don’t Wait Too Long To Start Filing Patents

Most people wait much too long to even consider starting the patent application process since it is so time-sensitive. For instance, a lot of people rely on the one-year “grace period” provided by law, Which enables you to submit a patent application within a year of marketing the innovation and making a public announcement about it.An alternative would be for a competitor to gain and file a patent application based on the grace period. The majority of nations also lack a comparable one-year grace period. Your company’s future financial stability and viability are both determined by the patent. Even if you were the original inventor, you risk legal action if you don’t patent your innovation as soon as possible and someone else does.Thus, before you make any public disclosures about your invention, plan ahead and begin the process of filing your patent application.

  1. Not Searching for Prior 

Prior art is something that was in the public domain before the invention by the innovator. Published patents, published pending applications, and publicly accessible non-patent literature are all examples of the prior art. When an inventor files a patent application to the patent office, An examiner determines whether the invention is patentable by conducting a patent search.

  1. Not  Financially Preparing 

Many tech firms believe that seeking a patent is the only rational course of action when faced with a novel and exciting breakthrough.However, submitting a application is costly and time-consuming.

  1. Don’t Get Too Specific, Too Soon

It’s essential to provide specifics of your invention while discussing it with key stakeholders. Consider the following, for example:

  • What the experience most closely resembles; 
  • Where it works best for its intended use;
  • Who is your target audience, and who isn’t?

Even though the specifics of a patent application are crucial, start with a broad description. Instead of placing you in a niche market, this gives your patent application a wide audience. 

For eg- patenting “aerodynamic running shorts” would not protect future applications of your fabric, 

Such as shirts or jackets, if you had developed a novel aerodynamic fabric and were creating shorts with it. 

It should include aerodynamic materials and their potential applications, such as running shorts.

Give a general overview of your idea before giving some instances of potential applications. As a result, it keeps the applicant informed of potential errors to avoid when filing patents.

  1. Filing an application that’s too board

Some inventors may feel compelled to submit a more comprehensive application to increase the commercial viability of their intellectual property.

Broad, but, does not equate to mysterious. An extremely vague patent application can be easily contested:

  • It might become susceptible to earlier work that has no bearing on how your invention performs.
  • You might not be able to enforce your in a court of law if your application lacks certain details.

So be specific when writing your application. Discuss your invention and all aspects related to its implementation using clear, succinct language. Don’t allow room for irrational interpretations of your work in the future!

  1. Not considering Competition and Infringement

Early-stage tech businesses frequently prioritize building a local clientele first and will only consider commercializing their product abroad if they are successful in doing so locally.

A lot of investors will want to see evidence of your reasonable efforts to safeguard your invention in markets outside of the native states. Planning is necessary for this. Early. 

There is a tight process and time limit for applying for patent protection outside of the nation of origin; 

If you don’t do it within a year after your application, your overseas rights are forfeited. Also, the majority of foreign nations don’t offer a “grace time” for public disclosures, 

So you need to start thinking about overseas protection before you file. Start your study as soon as workable if you intend to someday commercialize your innovation abroad or look for finance from seasoned investors. 

To ensure you can secure early filing dates, it’s never too early to start planning to file for patent protection in all your target markets.

  1. Not seeking Professional Legal Counsel

You can legally create and submit your application. It still isn’t a wise decision despite this.

The wording chosen to write the description and claims is what makes a application strong. A single word used incorrectly has the power to completely alter the meaning of your application, 

drastically reduce its potential, or even invalidate it entirely. Employing a qualified expert with legal training in patent prosecution and technical experience that is pertinent to the scope of your job is crucial for this reason.

  1. Filing a Patent Application at the Wrong Time

Generally, inventors create and launch a good or service to see if it sells well, and only then do they consider submitting a provisional patent application India


If an investor is thinking about filing an application, it is best if they are familiar with patent law or you can seek legal assistance from Vakilsearch. Our team will assist you in every step of the patent filing process and make it completely hassle-free for you.

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